CUSTODIAL INTERFERENCE IN THE FIRST DEGREE – REMOVES MINOR FROM THE STATE

CUSTODIAL INTERFERENCE IN THE FIRST DEGREE – REMOVES MINOR FROM THE STATE: H.R.S. § 707-726(1)(c) (Applicable to offenses occurring on or after June 12, 1996) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Custodial Interference in the First Degree. A person commits the offense of Custodial Interference in the First Degree if he/she, in the absence of a court order determining custody or visitation rights, intentionally or knowingly [takes] [detains] [conceals] [entices away] a minor with the intent to deprive another person or a public agency of their right to custody, and removes the minor from the State of Hawai`i. There are five elements of the offense of Custodial Interference in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These five elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant removed the minor from the State of Hawai`i; and 2. That the Defendant, in the absence of a court order determining custody or visitation rights, [took] [detained] [concealed] [enticed away] a minor; and 3. That the Defendant did so intentionally or knowingly; and 4. That the Defendant did so with the intent to deprive another person or a public agency of their right to custody; and 5. That the Defendant knew, at that time, the person was a minor. Notes H.R.S. §§ 707-726(1)(c), 702-206(1) and (2). For definition of states of mind, see instructions: For statutory affirmative defense to this offense, see instruction 9.41B.